SSFL COMMUNITY ADVISORY GROUP June 15, 2016 Meeting Minutes Hidden Lake Clubhouse, West Hills I: Call to Order: 7:10PM Ron Ziman, Co Chair II: Members Present: Alec Uzemecki, Ron Ziman, John Luker, Barry Seybert, Michael Kuhn, Sharon Ford, Tom Nachtrab, Abe Weitzberg & Kathy Weiner a quorum was present. III: Discussion about the minutes from our last meeting. It was determined that a quorum of members was not ready to vote them into the record. The minutes will be redistributed in preparation for a vote at the next meeting. IV: WOOLSEY CANYON TRUCK ROUTE: Alec Uzemeck, Co Chair Alec presented a video on Woolsey Canyon with the intent of adding more facts and answering questions Alec stated that he had taken some criticism because of the estimate of 35 truck round trips that he used in the Woolsey Canyon Truck Route Video. He explained that he choose this number as a conservative approach. More will be known when the EIR is available. There was discussion about the subject including questions about the destination of the soil from a community member. You can view the Woolsey Canyon Truck Route video on our website: ssflcag.net V: AMERICAN JEWISH UNIVERSITY/SSFL Abe Weitzberg Brandeis Bardin responded to a Joel Grover NBC News report regarding alleged contamination on their property with a fully detailed report of their own. They also hired Tetra Tech, an environmental engineering firm, who confirmed there were no threatening health risks and Abe stated that there was no data to contradict this conclusion. There was some discussion around this issue and a question was raised about the property being safe enough for backyard gardens. Abe responded that there is naturally occurring arsenic present in the Chatsworth Formation in such high concentrations that backyard gardens are not possible and the discussion about them should be stopped. Please refer to Abe Weitzberg’s report in its entirety at: ssflcag.net. VII: DTSC INDEPENDENT REVIEW PANEL Alec Uzemeck Alec addressed DTSC’s Independent Review Panel’s at its April 7, 2016 meeting. This is a 3 person panel, put together subsequent to SB 83 in 2015, that is responsible for making recommendations for improvements to Department of Toxic Substance Control’s programs. Alec’s message to the panel was to consider revising the AOC cleanup standards from “background” to “USEPA” considering the future use of the land and the toxicity levels. Alec did not think that he or his suggestions were well received by the panel and in fact he has come under some personal attack by panel members. VIII: UPCOMING VIDEOS John Luker John shared a “rough cut” of a video that he has made in which he called into question the Work Group and Dan Hirsh’s ability to communicate truthfully about the situation at SSFL. He asks very pointed questions of them in the video. John is compiling information for another video “20 Questions” aimed at the Work Group. He requests CAG members submit questions that they would like answered. There was much discussion around video. Most agreed that the video had merit but that the tone was a bit harsh. We would like to be able to put the CAG’s name on the project. John is debating whether to release them himself as he is in favor of the confrontational approach. IX: PUBLIC COMMENT Ron Ziman Boeing just published a 5,000 page document that discusses SSFL contamination. Christina Walsh wants to speak at our next meeting on contamination at Outfall 2. Abe suggests that John Luker put the videos out as his own and not the CAGs and then we can support it. Abe is putting out his own videos. Please see: ssflcag.net. Mark Osokow, from the Audubon Society, states that a Brandeis Bardin study on wildlife at the University shows no negative effects. During this study, SSFL was indirectly studied. The Audubon has 6 years of experience at the SSFL site and it finds that the site is thriving with amphibians, one of which is the spadefoot toad, a threatened species. Amphibians are sensitive receptors and would show health effects if hazardous compounds were present. Christina Walsh commented that the CAG is making it difficult to get politicians on board with the SSFL National Monument Designation. Adjourn: 8:54PM Respectfully Submitted, Kathy Weiner CAG Secretary RESOLUTIONS FOR THE REMEDIATION AND FUTURE USE OF THE SANTA SUSANA FIELD LABORATORY Whereas the West Hill Neighborhood Council is an advisory body to the City of Los Angeles under the City Charter and is the community in the City of Los Angeles that is closest to the Santa Susana Field Laboratory site and Whereas West Hills is the community in Los Angeles that is most likely to be affected by contamination from the SSFL and by cleanup efforts that include truck traffic to and from the site, airborne contamination and emissions released into the atmosphere and potential additional contamination to existing stream beds and groundwater. LET IT BE RESOLVED that [1] The West Hills Neighborhood Council recommends that all three Responsible Parties, Boeing, DOE and NASA be required to clean up contamination to the USEPA Suburban Residential level and protocols. [2] The West Hills Neighborhood Council recommends that Santa Susana Laboratory be designated as a National Monument to ensure the protection and conservation for the future. This unique designation can be made by the President of the United States and is consistent with the wishes of the federally recognized Santa Ynez Band of Chumash Indians Tribal Council who have worked to have the site designated as a California Sacred Site. National Monument status would also provide additional needed certainty and protections of the sacred sites as well as the birth of modern rocketry and human space travel which began development at Santa Susana. [3] The West Hills Neighborhood Council recommends that in-situ cleanup methods be used to the greatest extent possible, to minimize the need to transport soil off site. [4] The West Hills Neighborhood Council recommends that the cleanup schedule be a secondary consideration and should be lengthened as needed to keep the excavation traffic to a reasonable level. [5] The West Hills Neighborhood Council recommends that adequate water spraying be done during excavation to minimize the amount of airborne contamination. [6] The West Hills Neighborhood Council recommends continuous air monitoring in the surrounding residential areas during excavation and transportation so that if unhealthy respiratory conditions arise, the cleanup would cease until corrective actions are taken. [7] The West Hills Neighborhood Council recommends that tandem trucks not be used in order to reduce the risk of accidents on winding mountains roads. [8] The West Hills Neighborhood Council recommends that the future use of the Santa Susana Field Laboratory be permanent open space or parkland. [9] The West Hills Neighborhood Council recommends protection and maintenance of the cultural and archaeological aspects of this site that are considered sacred lands by the Native American community and have archaeological sites that are on the National Register of Historic places. [10] The West Hills Neighborhood Council recommends that the historic rocket engine test stands and support facilities be retained if at all possible, while still protecting public safety and not impede the cleanup. [11] The West Hills Neighborhood Council supports all environmental laws that are applicable to this site that are protective of the environment, endangered species and the wildlife corridor through the site area. The West Hills Neighborhood Council recommends to the City Council and The City Attorney that this resolution be recorded as a Community Impact Statement. Page 1 of 3 December 22, 2014 Mr. Mark Malinowski California Department of Toxic Substances Control (DTSC) 8800 Cal Center Drive, Sacramento, CA 95826 Re: Santa Susana Field Laboratory (SSFL) Dear Mr. Malinowski: The Woodland Hills-Warner Center Neighborhood Council (“WHWCNC”) would like to begin by thanking DTSC for sending your experts to our December 2013 WHWCNC Board meeting. At that meeting, we requested future meetings be held in our community. We appreciate your accommodating our request by holding the transportation meeting at El Camino Real Charter High School in Woodland Hills last August 2014. On October 20, 2014, the WHWCNC and the Canoga Park Neighborhood Councils sponsored a Town Hall forum (“SSFL-101”) related to the clean-up of the Santa Susanna Field Labs. These two neighborhoods were inadvertently omitted from discussions in prior years pertaining to the cleanup and the potential impact to their communities. Therefore we felt it necessary to get them updated with this type of event. With your valued participation in this Town Hall, DTSC, The Boeing Company, NASA, Department of Energy (DOE), and the Los Angeles Regional Water Quality Control Board were given time to individually present the history, current conditions, clean-up and future plans for their portion of the SSFL site to a well-attended audience. Audience questions were read and answered at the end of the presentation. The purpose of the “SSFL-101” was to inform and educate our communities about the history and issues surrounding the Santa Susana Field Laboratory site. It was also directed at the elected officials that created this conflict without first informing us, and protecting us, their constituents, as they are elected to do. It was a great beginning; now let’s follow through with the next steps. Upon continued discussions, the Woodland Hills Warner Center Neighborhood Council urges your agency to revise the Administrative Orders on Consent (AOCs) that are governing the clean-up activities of the Department of Energy (DOE) and the National Aeronautics and Space Administration (NASA). The Boeing Corporation, a third party in the clean-up of the entire SSFL, is following a different standard than the AOCs that NASA and DOE are following. All three parties should be using this same standard which is based on reducing the risks and damage to the site and the adjacent neighborhoods. On August 9, 2014, DTSC sponsored a community forum about the “Potential SSFL Truck and Conveyance Routes for Feasibility Analysis”. DTSC presented 10 separate truck routes and 2 conveyor routes to handle the removal of soil and debris from the SSFL site. Once this soil is removed from the SSFL site, it will now become a San Fernando Valley problem due to the proposed trucks coming through our communities. We came to the realistic conclusion that most of these other proposed routes are not WOODLAND HILLS-WARNER CENTER NEIGHBORHOOD COUNCIL 20929 Ventura Boulevard Suite 47-535, Woodland Hills, CA 91364 Toll Free 888. 680.7770 │ Local & Fax 818. 484.3270 │www.whcouncil.org SSFL CAG Resolution Regarding the SSFL Cleanup Adopted by the SSFL CAG May 21, 2014, modified October 15, 2014 WHEREAS the Santa Susana Field Laboratory (SSFL) site has been contaminated with chemicals and radionuclides over the past decades and requires cleanup; WHEREAS the majority owner of the SSFL (Boeing) has announced its intention to designate the site as parkland upon completion of the environmental restoration; WHEREAS the SSFL Community Advisory Group (CAG) representing various communities has many concerns with the cleanup of the SSFL; WHEREAS DOE and NASA voluntarily signed agreements requiring their respective areas to be cleaned up to background (or detect) while Boeing will use a risk-based cleanup to EPA’s suburban residential standard; WHEREAS the cleanup to background requires major excavation, soil removal, and soil replacement, and is disruptive to the environment and public health in surrounding communities; WHEREAS the cleanup to background will remove cultural and historical items and sites including rocket engine test stands; WHEREAS the cleanup to background will remove Native American artifacts and cultural areas in the SSFL that is Tribal sacred land; WHEREAS the cleanup to background will negatively affect a wildlife corridor used by endangered species; WHEREAS the cleanup method used by the US EPA throughout the nation is risk-based with end use of the land being a major determinant; WHEREAS risk-based cleanup is fully protective and requires only a fraction of the excavation, soil removal and backfill compared to cleanup to background and thus presents a greatly reduced threat to public health and less disruption of surrounding communities; WHEREAS it is apparent that suitable backfill will be difficult to find and the contemplated partial or complete use of crushed rock will not restore the environment consistent with its future use; THEREFORE BE IT RESOLVED that the SSFL CAG recommends that all responsible parties execute a risk-based cleanup to EPA’s suburban residential standard that will minimize excavation, soil removal and backfill and thus reduce danger to public health and functions of surrounding communities; BE IT FURTHER RESOLVED that the CAG membership encourages the Boeing Company to promptly take affirmative measures to formally guarantee that the future land use of the SSFL will be open space for the benefit of the public and wildlife; BE IT FURTHER RESOLVED that the responsible parties fully employ all dust abatement and soil containment measures; 1 of 2 BE IT FURTHER RESOLVED that DTSC immediately clarify the exceptions to the cleanup for “Native American artifacts” as contained in the Final Agreement in Principle attached to the 2010 Administrative Orders on Consent; BE IT FURTHER RESOLVED that all Native American cultural and sacred sites and traditional cultural places / landscapes, including without limitation archaeological sites, at the SSFL be prioritized as to significance and determined whether they are eligible for nomination to the National Historic register and / or protected under applicable environmental laws such as NEPA or CEQA; BE IT FURTHER RESOLVED that NASA retain representative examples of rocket engine test stands and associated structures for future generations; BE IT FURTHER RESOLVED that all responsible parties recognize the importance of the wildlife corridor, restore their respective land areas to accommodate preservation of the wildlife corridor, and execute site benefaction programs including sowing of native plants and abatement of non-native weeds and species. 2 of 2 Page 2 of 3 Mr. Mark Malinowski December 22. 2014 accessible by large trucks due to safety concerns or just physical limitations of the road or trail in some cases. According to the NASA Final Environmental Impact Statement, 60% of their trucks head south on Topanga Canyon Blvd. which is not even mentioned on the DTSC Transportation map. One proposed route sends trucks down Valley Circle Boulevard to Victory Blvd., thus directing more trucks through mostly residential West Hills and Woodland Hills, as well as Canoga Park and Chatsworth. We, the stakeholders of Los Angeles County should not be the only communities to bear the burden of the trucks, particularly since the site is in Ventura County. Furthermore, the Victory Boulevard route traverses directly adjacent to our own Aerojet-Rocketdyne Facility which will be re-developed and will require its own substantial and similar remediation in the very near future. We will not accept two highly impactful remediation projects simultaneously disrupting the quiet enjoyment of the citizens of Canoga Park and Woodland Hills. In light of the obvious conflict related to the different levels of cleanup, and to reduce the detrimental truck traffic, we request that the clean-up level for the NASA and D.O.E. portions be reduced to the riskbased residential level (suburban residential) of the 2007 Consent Order, and that the soil be treated onsite as much as possible. This will result in a fewer number of trucks being required. In addition, the Federal EPA mentioned a risk-based cleanup for chemicals in their written comments to NASA for NASA’s Draft Environmental Impact Statement. The rules for the SSFL clean-up were set forth in the 2007 Consent Order which was signed in August 2007. In October 2007, SB 990 was signed into law. For the next two years, DTSC tried to incorporate SB 990 into the current 2007 Consent Order. In the fall of 2009, when the statute of limitations ran out on SB 990, The Boeing Company sued DTSC regarding the constitutionality of this law. It was found to be unconstitutional in April 2011. DTSC filed an appeal, and in 2014, the 9th Circuit Court of Appeals upheld the lower court’s ruling. In the meantime, DOE and NASA were pressured by certain elected officials to sign agreements based upon SB 990. These agreements were the respective 2010 Administrative Orders on Consent between DTSC and the DOE, and DTSC and NASA. Because SB990 was overturned as being unconstitutional, The Boeing Company will clean up their areas of responsibility based upon the 2007 Consent Order which is a risk-based residential level standard of cleanup (suburban residential)”. We believe that because the AOCs were written to comply with SB 990, that they too should be declared unconstitutional or moot. NASA and DOE are adhering to the current 2010 AOC’s which require a clean-up to “Background or Detect level”. “Background or Detect level” does not allow for contaminants to be left in place. All soil remediation is to be completed by 2017, and all groundwater treatment systems are to be in place by 2017. The WHWCNC believes this deadline is unrealistic and unattainable, and that the 2007 Consent Order and the 2010 AOC will expire without the clean-up completed. Therefore, the WHWCNC requests that the 2010 AOC’s be revised to require NASA and DOE to cleanup to a risk-based residential level (suburban residential)” instead of background or detect level consistent with the Boeing cleanup – the 2007 Consent Order. WOODLAND HILLS-WARNER CENTER NEIGHBORHOOD COUNCIL 20929 Ventura Boulevard Suite 47-535, Woodland Hills, CA 91364 Toll Free 888. 680.7770 │ Local & Fax 818. 484.3270 │www.whcouncil.org Page 3 of 3 Mr. Mark Malinowski December 22, 2014 This standard will: • clean-up the site to a publicly safe level for its potential end-use as open space; • not damage the ecosystem nearly as much as the more invasive cleanup; • not ruin the wildlife corridor if CEQA and NEPA and other environmental laws are implemented; • better safeguard the whole site as a sacred site under the Native American designation; • greatly reduce the amount of backfill soil needed and therefore, reduce the introduction of nonnative vegetation that would need to be remediated afterward; • reduce the amount of potential truck traffic through our communities and therefore, reduce exposure of our communities to soil contaminants, traffic, safety issues and diesel emissions; • reduce the risk of Valley Fever spores being spread by the trucks and winds in the area; • facilitate the soil clean-up to be achieved on a reasonable time-line. We believe that an objective evaluation of the AOC agreements is necessary to ensure a safe clean-up process. The WHWHNC supports: 1) a process that does not involve removing greater quantities of soil than necessary; 2) a process that protects public health and wildlife in the area; and 3) a process that protects the heritage of the site. And lastly, demand a process that will not inflict needless long term trauma from truck traffic on our communities. Sincerely, Woodland Hills-Warner Center Neighborhood Council Scott Silverstein, Chair cc: Senator Barbara Boxer cc: Senator Diane Feinstein cc: Congress member Brad Sherman cc: Governor Jerry Brown cc: Senator Fran Pavley cc: Assembly member Matt Dababneh cc: Councilmember Bob Blumenfield cc: Councilmember Mitchell Englander cc: Supervisor Sheila Kuehl cc: Mayor Eric Garcetti cc: City Attorney Mike Feuer cc: Kevin James – President – City of Los Angeles Board of Public Works Commission cc: Cassandra Owens – Los Angeles Regional Water Quality Control Board cc: Dave Dassler – The Boeing Company cc: Allen Elliott – National Aeronautics and Space Administration (NASA) cc: John Jones – The Department of Energy (DOE) WOODLAND HILLS-WARNER CENTER NEIGHBORHOOD COUNCIL 20929 Ventura Boulevard Suite 47-535, Woodland Hills, CA 91364 Toll Free 888. 680.7770 │ Local & Fax 818. 484.3270 │www.whcouncil.org